Legal Opinion
Farley v. Missouri Department of Natural Resources, Division of Parks & Recreation
Missouri Court of Appeals
Decided December 31, 1979No. KCD30536PublishedCited by 12 opinions
1Opinion of the Court
J. DONALD MURPHY, Special Judge.
The determinative issue on this appeal is whether plaintiff’s claim for damages was merged on principles of res judicata in a prior declaratory judgment proceeding between the same parties. The issue appears to be one of first impression in Missouri.
We conclude that plaintiff’s claim is not precluded and that the trial court erred in dismissing plaintiff’s petition.
In 1961, plaintiff’s husband leased a tract of land adjacent to Roaring River State Park from private owners and operated a business on the premises which included coin-operated pinball machines.…
2Cases cited10 opinions
- Kaspar Wire Works, Inc. v. Leco Engineering and MacHine Inc.Court of Appeals for the Fifth Circuit · 1978
- Edward B. Marks Music Corporation, Plaintiff-Appellant-Appellee v. Charles K. Harris Music Publishing Co., Inc., Defendant-Appellee-AppellantCourt of Appeals for the Second Circuit · 1958
- Schleicher v. SchleicherSupreme Court of Connecticut · 1935
- Abeles v. WurdackSupreme Court of Missouri · 1955
- Lortz v. ConnellCalifornia Court of Appeal · 1969
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Horn & Hardart Company v. National Rail Passenger CorporationCourt of Appeals for the D.C. Circuit · 1988
- Cimasi v. City of FentonCourt of Appeals for the Eighth Circuit · 1988
- Winter v. NorthcuttMissouri Court of Appeals · 1994
- Tolbert v. County of NelsonDistrict Court, W.D. Virginia · 1981
- Robison v. AsbillCourt of Appeals of South Carolina · 1997
7 more not listed; retrieve them via the Exa API.